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HomeMy WebLinkAbout06/19/2000 - City Council135 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 19, 2000 The City Council of the City of Costa Mesa, California, met in regular session June 19, 2000, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag led by Mayor Monahan, and invocation by Dr. Paul Crouch, Trinity Broadcasting Network. ROLL CALL Council Members Present: Mayor Gary Monahan Mayor Pro Te*m Libby Cowan Council Member Joe Erickson Council Member Heather Somers Council Member Linda Dixon Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney -Jerry Scheer Development Services Director Donald Lamm Public Services Director William Morris Finance Director Marc Puckett Budget & Research Officer Carol Jacobs Chief of Code Enforcement Sandy Benson Associate Planner Kim Brandt Transportation Services Manager Peter Naghavi Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council June 5, 2000 Member Dixon, and carried 5-0, the minutes of the regular meeting of June 5, 2000, were approved as distributed. ORDINANCE AND A motion was made by Council Member Erickson, seconded by RESOLUTIONS Council Member Somers, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Monahan congratulated Jim Morrison, Gina .Clark, Jane Employees of the -Duenweg, Kris Cachola, Cao Nguyen, and Sam Nguyen, Month Central Services Division, on being named Employees of the Month for June, 2000, in appreciation of their contributions to the City. Mayor Monahan commended this division for going the extra mile to assist City staff with their graphics, typesetting, printing, copying, and other administrative needs on a daily basis, and expressed appreciation for their dedication and outstanding service to the City. PRESENTATION Mayor Monahan read a proclamation recognizing July, 2000, "Parks and Recrea- as "Parks and Recreation Month", and urged citizens to enjoy tion Month" Procla- their City recreation programs, activities, and parks on a year- mation round basis. He presented the document to Chris Sarris and Jonathan Zich, members of the Parks, Recreation Facilities and Parkways Commission. PRESENTATION Mayor Monahan recognized Walt Davenport for 20 years of Walt Davenport service on the Costa Mesa Planning Commission, since June Recognition 18, 1980. Joe Erickson, Mayor Pro Tem Cowan, Council Member Somers, Council Member Dixon, and former Mayor Arlene Schafer commended Mr. Davenport for his dedication to the City. PRESENTATION Arlene Schafer introduced Summer Lee Kerr, Miss Costa Mesa, Miss Costa Mesa and first runner up, Kelly Ann Loros, who were chosen at the Lion's Club annual Fish Fry at Orange Coast College. ORAL COMMUNI- Robert Graham, 3260 Dakota Avenue, Costa Mesa, addressed CATIONS the 191h Street connection to Huntington Beach, commenting 19" Street Bridge that an economic study regarding merits of the bridge had not been conducted during the last General Plan revision approximately ten years ago. He commented that City Council minutes had indicated that Council opposed the bridge due to "viability" and "constructability" concerns. Mr. Graham felt that potential benefits of construction of a 19th Street bridge should be considered in the West Side Specific Plan. Code Enforcement Connie Paine, 645 Beach Street, Costa Mesa, expressed her Accolades appreciation to Mayor Pro Tem Cowan, Development Services Director Don Lamm, and Code Enforcement Officer Mitt Sealy, for their assistance in improving her west side neighborhood. She commended Officer Sealy for his dedication to duty, stating that he has accomplished more in one month to clean up this area than has been done in the past 10 years. She encouraged the City to hire more proactive Code Enforcement Officers. Graffiti Paul Bunney, 984 Linden Place, Costa Mesa, demonstrated his method of mapping graffiti on the west side of Costa Mesa, and then forwarding it to the City. He explained that he is now expanding his graffiti detection route, and commended City staff for their hasty removal of same. West Side Specific Janice Davidson, 1982 Arnold Avenue, Costa Mesa, asked Plan about the final draft for the West Side Specific Plan. The Development Services Director responded that the next version of the Plan should be completed approximately mid-July, 2000, and will incorporate the concerns of residents as compiled at recent meetings. Ms. Davidson asked why the EI Metate Market,817 West 19" Street, is opening at the Vista Shopping Center. The Development Services Director replied that the West Side Specific Plan is a long-range vision and would not preclude the opening of this store. Costa Mesa 20/20 Tom Egan, 1893 Parkview Circle, Costa Mesa, announced that a grass roots group, temporarily being called Costa Mesa 20/20, is being formed to assist in determining Costa Mesa's future in the next 20 years. He called the group a civic, entrepreneurial effort, and provided a telephone number of (949) 642-2896. Mayor Monahan objected to Mr. Egan using Oral Communications as a tool to advertise a new group, and explained that this portion of the agenda is provided to the public in order for them to speak exclusively on City business. 1 1 1 1 1 Grace Lane/Baker Martin Millard, .2973 Harbor Boulevard, Costa Mesa, again Street Telephone addressed the telephone booth at the southeast corner of Booth Grace Lane and Baker Street which has broken windows and is covered with graffiti. Mayor Monahan stated that the City is taking action on the booth, and believed that the proposed property maintenance ordinance, the third public hearing on the "Fillmore Slums" agenda, will ass.ist with addressing the issue. Mr. Millard complained about the large vending trucks in the "Fillmore slums", as well as trash in the parkways and gutters, and abandoned shopping carts. CONSENT The following item was removed from the Consent Calendar: CALENDAR Item No. 2, Reading Folder. MOTION/Approved On motion by Council Member Erickson, seconded by Council Except Item No. 2 Member Dixon, and . carried 5-0, the remaining Consent Calendar items were approved as recommended. WRITTEN COM- Resolution 00-46 was adopted: A RESOLUTION OF THE CITY MUNICATIONS COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted Resolution AUTHORIZING RECORDS DESTRUCTION FOR THE FINANCE 00=46, Records Des- DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO truction for Finance ORDINANCE NO. 75-60. WARRANTS Approved Warrant 1801 Approved Warrant 1802/Payroll 012 ADMINISTRATIVE ACTIONS/Adopted Resolution 00-47, Authorizing Re- cycling Funding Request The following warrants were approved: Warrant Resolution 1801, funding City operating expenses for $919,034.28. Warrant Resolution 1802, funding Payroll 012 for $1,592,697.04, and City operating expenses for $884,855.16, including payroll deductions. Resolution 00-47 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING SUBMITTAL OF A FUNDING REQUEST FORM TO THE DEPARTMENT OF CONSERVATION'S DIVISION OF RECYCLING, for the California Beverage Container Recycling and Litter Reduction Grant for Fiscal Year 2000-2001. Adopted Resolution Resolution 00-48 was adopted: A RESOLUTION OF THE CITY 00-48, to Provide COUNCIL OF THE CITY. OF COSTA MESA, CALIFORNIA, Health Benefits for ELECTING TO BE SUBJECT TO SECTION 22873 OF THE Domestic Partners EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT, to provide health benefits for domestic partners. Awarded Bid Item Bids received for Bid Item 1046, Parkway and Median No. 1046, Parkway Landscape Maintenance Service Contract, are on file in the City and Median Land- Clerk's office. The three-year contract was awarded to Plant scape Maintenance, Control Landscape Maintenance, 2200 South Fairview Road, to Plant Control Santa Ana, for an annual amount of $27,840.00. General Municipal The following action was taken .in connection with the General Election Municipal Election, November 7, 2000: Adopted Resolution Resolution 00-49 was adopted: A RESOLUTION OF THE 00-49, Calling a CITY COUNCIL OF THE CITY OF COSTA MESA, General Municipal CALIFORNIA, CALLING AND GIVING NOTICE THAT A Election on Novem- GENERAL MUNICIPAL ELECTION WILL BE HELD TUESDAY, ber 7, 2000 NOVEMBER 7, 2000, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED; BY LAWS OF THE STATE :OF GENERAL LAW CITIES. THE PROVISIONS OF . THE CALIFORNIA - RELATING TO Adopted Resolution Resolution 00-50 was adopted: A RESOLUTION OF THE 00-50, Requesting CITY COUNCIL OF THE CITY OF COSTA MESA, Board of CALIFORNIA, REQUESTING THE ORANGE COUNTY BOARD Supervisors to OF SUPERVISORS TO CONSOLIDATE A GENERAL Consolidate the MUNICIPAL ELECTION T0, BE HELD NOVEMBER 7, 2000, Election WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE' PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. Approved Graffiti Award of $500.00 to a private citizen who reported gang - Reward related graffiti, was approved in accordance with Costa Mesa Municipal Code Section 11-147. Awarded Fairview Bids received for Fairview Park Site Work and Building Park Site Work and Construction of a Restroom,: Pavilion, and Information Kiosk, Construction, Pro- Project No. 00-08, are on file in the City Clerk's office. The ject No. 00-08, to contract was awarded to D.' T. K. Construction, Inc., 2580 D. T. K. Corporate Place, No. F103, Monterey Park, for $298,000.00. Awarded Replace- Bids for Replacement of the Stage Floor at the Neighborhood ment of NCC Stage Community Center, 1845 Park Avenue, Project No. 00-09, are Floor, Project No. on file in the City Clerk's office. The contract was awarded to 00-09, to South- South-West Floor Company; Inc., Post Office Box 519, West Floor Ramona, for $11,962.00. Approved Lease A lease agreement was approved with Cox PCS Assets, LLC, Agreement with Post Office Box 14607, Irvine, for a Monopine Cell Phone Cox PCS Assets Tower in Shiffer Park, for a total cost to the lessee (Cox) of for Shiffer Park $18,000.00 per year, with a 15 percent increase for each Phone Tower option term; and the City Manager was authorized to sign on behalf of the City. Approved Amend- Amendment No. 6 to the agreement with PRC Public Sector, ment No. 6 to PRC Inc., 135 Main Street, Suite 1900, San Francisco, was Agreement for approved for $83,851.44, to continue providing computer Computer Mainte- software and hardware maintenance and recover -all computer nance equipment coverage for the Costa Mesa Public Safety Computer System, effective July 1, 2000, through June 30, 2001; and the Mayor was authorized to sign on behalf of the City. Approved Agree- Cooperative Agreement No. C-0-0634 was approved with ment C-0-0634 with Orange County Transportation Authority (OCTA) for the OCTA for MOS 2 construction of Minimum Operating Segment (MOS) 2 Transitway Improvements; arid the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Adopted Resolution Resolution 00-51 was adopted: A RESOLUTION OF THE CITY 00-51, Establishing COUNCIL OF THE. 'CITY OF COSTA MESA, CALIFORNIA, Classifications for ESTABLISHING THE PAY RANGES FOR THE JOB Grant Administrator CLASSIFICATIONS REPRESENTED BY THE COSTA MESA CITY and Legal Secretary EMPLOYEES ASSOCIATION, for the new classifications of Grant Administrator and Legal Secretary. READING FOLDER Item No. 2 on the Consent Calendar was presented: Reading Folder: Claim Claim received by the Deputy City Cleric Susan Robinson. Alcoholic Beverage Alcoholic Beverage Control (ABC) License requests: Control Licenses 7 Eleven, 1673 Irvine .Avenue, for a person-to-person transfer of a Type 20 ABC license (off -sale beer and wine). Players Pizza, 512 West 19th Street, for an original Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Napa Valley Pizza and Pasta, 474 East 17th Street, for a person-to-person =transfer of a Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Southern African Beverage, 1615 Monrovia Avenue, for a duplicate Type 12 ABC license (distilled spirits importer) and a Type 18 ABC license (distilled spirits wholesaler). Council Member Somers commented that there are approximately 300 ABC licenses in the City, and expressed concern that the massive amount of alcohol sales, excluding bona fide eating places, cause many of the City's problems. . MOTION/Received A motion was made by Council Member Somers, seconded by and Filed Mayor Monahan, and carried 5-0, to receive and file the Reading Folder. Council Member Erickson noted the, ABC license on 19th Street, discussed at the Council meeting of June 5, 2000, where Council protested the application and imposed severe conditions of approval. He concurred with Council Member Somers and believed that there are instances in which an appeal to the ABC will be successful. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Citywide Traffic from the meeting of June 5, 2000, to consider the annual Impact Fees review of Citywide Traffic Impact Fees: Option A: Resolution adopting an interim fee of $149.00 per average daily trip end (ADT) as the Citywide traffic impact fee; or Option B: Resolution adopting an interim fee anywhere in the range of $149.00 to $281.00 per ADT as the Citywide traffic impact fee; or Option C: Resolution adopting an interim traffic impact fee of $167.00 per ADT for District 1 and $149.00 per ADT for District 2; Continuation of existing incentive program for new residential, commercial, and industrial developments in Costa Mesa by assessing traffic impact fees on an incremental basis; and Annual accounting of the Citywide traffic impact fee program. The Public Services Director reviewed the Agenda Report dated June 9, 2000, and showed a visual defining District 1 and District 2. boundaries. The ;Transportation Services Manager responded to questions from Council, and noted that even though a fee must be adopted at this meeting, it may be reviewed and revised at a later date. He reported on the method by which the $167.00 figure for District 1 (Option C) had been determined. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, supported an increase in the, traffic impact fee for District 1, and suggested the full cost of $281.00 for the average daily trip (ADT) end. She explained that a lesser fee would place a burden on the general fund, and felt that the fee should reflect the actual cost. She urged Council to advertise for a general public/resident member for the Traffic Impact Fee Ad Hoc Committee. She cautioned waiving the fees for issues unrelated to transportation improvements. Eleanor Egan, 1893 Parkview Circle, Costa Mesa, suggested that a two-tier fee would push development south of the freeway. Mayor Monahan replied that the fee south of the freeway would not be lowered, but indicated that the fee north of the freeway would be raised. The Transportation Services Manager stated that this had not been considered since the fee schedule is based on maximum build -out of every piece of land in the City. Robert Graham, 3260 Dakota Avenue, Costa Mesa, noted the relationship between traffic and business, again relating the subject to the extension of West 19' Street. There being no_, other speakers, the Mayor closed the public hearing. Mayor Monahan expressed concern that sufficient notification had not been provided on' this item, citing the Ad Hoc Committee and the public. Council Member Somers commented that she is a proponent of charging developers, especially those with the greatest impact on the community, their fair share. She believed that the developers had the funds and the desire to mal<e� the type of traffic improvements which will bring in business. : MOTION/Adopted A motion was made by Council Member Somers, seconded by Resolution 00-52 Council Member Erickson, to adopt Resolution 00-52, A RESOLUTION OF THE CITY. COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO ESTABLISH A TRAFFIC IMPACT FEE PERTAINING TO NEW DEVELOPMENT IN THE CITY OF COSTA MESA AND A RELATED CAPITAL IMPROVEMENT PLAN FOR TRANSPORTATION , IMPROVEMENTS, approving Option C, increasing the traffic impact fee to $195.00 per ADT for District 1, and retaining the $149.00 per ADT for District 2, for the interim period until the fee's can be discussed at a later time by the Ad Hoc Committee and members of the community; approving continuation of the existing incentive program for new residential, commercial, - and industrial developments in Costa Mesa by assessing traffic impact fees on an incremental basis; and approving the annual accounting of the Citywide traffic impact fee program. Council Member Somers noted that the current Ad Hoc Committee members, are all from the business community, and felt that it is imperative to receive input from residents. She responded to a question from Council Member Erickson by stating that the $195.00 fee was not based on a strident calculation and is intended to serve only as an interim measure. Mayor Monahan opposed the motion, stating that projects are lost when traffic impact fees are too high, and questioned the methodology for determining the fee. He indicated that he would be more inclined to support a motion to raise the fee if there had been an opportunity to study that fee. Mayor Monahan clarified that a successor to the Ad Hoc Committee's resident member, the late Roy Andreen, had not be found. Mayor Pro Tem Cowan opposed the motion because she felt that changes had not occurred which would convince her that the fee should be amended. SUBSTITUTE A substitute motion was made by Mayor Pro Tem Cowan, MOTION/ To seconded by Mayor Monahan, to approve Option A by Approve Option A adopting a resolution adopting an interim fee of $149,00 per Failed to Carry ADT, stipulating that as the general plan is reviewed and approved, and as Orange County Traffic Analysis Model (OCTAM) 3 is reviewed and approved, the Ad Hoc Committee is directed to develop a tiered ADT for the annual review of traffic impact fees in 2001. The substitute motion failed to carry 3-2, Council Members Erickson, Somers, and Dixon, voting no. The original motion to approve Option C carried 3-2, . Council Members Monahan and Cowan voting no. The Transportation Services Manager reported that the adopted fee will go into effect in 60 days. Council Member Somers opposed the substitute motion, stating that it is incumbent upon Council -to protect the community's monies by supporting the increase of the traffic impact fees. Mayor Pro Tem Cowan disagreed that developers are at the core of all the City's problems, noting that issues, such as freeway traffic, are a contributing factor. A question and answer period ensued, and the Transportation Services Manager reported that the cultural arts program, an incentive program involving traffic impact fees, has been scheduled for the study session in August, 2000. Council Member Erickson supported the original motion, stating that the increased fee will alleviate traffic problems, and noting that he felt that major developers would support the increase. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Fiscal Year 2000- place set for the public hearing to consider the City Budget for 2001 City Budget fiscal year 2000-2001: Resolution determining and adopting an appropriations limit of $109,393,421.00 for. fiscal year 2000-2001 in accordance with Article XIII -B of the Constitution of the State of California, as amended by Proposition 111 and Senate Bill 88. Resolution adopting a budget for fiscal year 2000-2001. Resolution adopting the 2000-2001 Statement of Investment Policy, and authorizing the City Treasurer to .invest and reinvest idle monies of the City of Costa Mesa in accordance with the 2000-2001 Statement of Investment Policy, and authorizing the Treasurer to delegate to the Assistant Director of Finance the duty of carrying out any such tasks. Resolution determining and, adopting the General Fund operating reserve for the 2000-2001 fiscal year in accordance with Title 2, Chapter V, Article 6 of the Costa Mesa Municipal Code. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Finance Director reviewed the Agenda Report regarding the appropriations limit dated June 7, 2000. MOTION/Adopted On, motion by Council Member Erickson, seconded by Mayor Resolution 00-53 Monahan, and carried 5-0, Resolution 00-53 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE 2000-2001 FISCAL YEAR, IN ACCORDANCE WITH, ARTICLE XIII -B OF THE CONSTITUTION OF THE 1STATE OF CALIFORNIA, AS AMENDED BY PROPOSITION 111 AND SENATE BILL 88. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, addressing the fiscal year ;2000-2001 budget, noted that operating expenses are increasing while capital expenses and reserves are decreasing, adding that the reserves should be increasing to at least reflect inflation rates. She asked about the status of the traffic signal cameras, and requested that a hearing be held on 'this issue. The City Manager responded that a good portion of the maintenance items are not in the capital improvement; schedule, but are in the operating budget, and the City is researching the traffic camera with Harbor Municipal Court, who has jurisdiction, and the cities of Irvine, San Juan Capistrano, and others. Mayor Monahan asked that a legal analysis also be conducted on this issue. Council Member Somers commented that there is pending legislation to bring the dollars generated by the red light ticket back into the communities. Diane LaDuca, 939 West 19`h Street, No. B4, Costa Mesa, supported the addition of City 1code enforcement officers. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, complained that the budget was difficult to understand. She asked why citizens were allowed only one and one-half weeks to review the budget: The City Manager responded that the budget was presented at thel meeting of June 5, 2000, was available to the public on Friday, June 2, 2000, and was posted to the. City's website; He suggested that within the next 60 to 90 days, staff and Council consider a longer time frame and improved accessibility of the information. Mrs. Davidson reported that Costai Mesa roads are in a deplorable condition, and asked why the City's business license fees remain very low. She asked that the next budget be written in lay terms. Doug Scribner, 321 Avocado Street,. No. P, Costa Mesa, opposed installing cameras on traffic signals. Regarding the City's investment policy, he suggested reinvesting idle monies 1 1 1 1413 back into businesses in the form of a tax cut. He supported corporations and developers paying their fair share. Eleanor Egan, 1893 Parkview the staff recommendation for personnel. Circle, Costa Mesa, supported additional code enforcement Tom Egan, 1893 Parkview Circle, Costa Mesa, commented that sufficient time had not been allowed for public review of the budget; noted a lack of public discussion of the budget at the Council level; and suggested that each Council Member have a full-time aide to predigest staff reports, such as the budget, and handle problems from constituents. Robert Graham, 3260 Dakota Avenue, Costa Mesa, questioned the $150,000.00 allocation for the West Side Specific Plan, and noted that extending .191h Street to Huntington Beach was an option that had not been considered. The City Manager replied that the funds Mr. Graham questioned are directed for an environmental study following adoption of the West Side Specific Plan. There being no other speakers, the Mayor „ closed the public hearing. The Finance Director and Budget and Research Officer responded to questions from Council. Council Member Somers commented that the budget is extremely difficult to follow. Mayor Monahan observed that Council looks at the budget every two weeks, and there is an opportunity at that time for public discussion. He commended the City Manager and Finance Department staff for their work on the City budget. MOTION/Approved On motion by Mayor Monahan, seconded by Council Member Additional Code En- Dixon, and carried 5-0, funding for three additional full-time forcement Officers code enforcement officers (Page 8, of the Agenda Report), was approved. Mayor Pro Tem Cowan opposed the allocation of net revenue at this time because there are several items in the budget document which may or may not be fully funded, and expressed concern that the State of California has not as yet adopted a budget. MOTION/Continued A motion was made by Mayor Pro Tem Cowan, seconded by Net Revenue to Council Member Dixon, and carried 5-0, to continue net July 17, 2000 revenue allocations to the meeting of July 17, 2000. MOTION/Adopted A motion was made by Mayor Pro Tem Cowan, seconded by Resolution 00-54 Council Member Dixon, and ,carried 5-0, to adopt Resolution 00-54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING A BUDGET FOR THE FISCAL YEAR. 2000-2001, as amended. Mayor Pro Tem Cowan thanked staff, and commented that the budget document actually reflects exactly what a budget is supposed to be, which is a City Manager's plan to fund City Council's policy direction. MOTION/Adopted A motion was made by Council Member Erickson, seconded by Resolution 00-55 Council Member Somers, and carried 5-0, to adopt Resolution 00-55: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING THE 2000-2001 STATEMENT OF INVESTMENT POLICY, AND AUTHORIZING THE CITY TREASURER TO INVEST AND REINVEST IDLE MONIES OF THE CITY OF COSTA MESA IN ACCORDANCE WITH THE 2000-2001 STATEMENT OF INVESTMENT POLICY, AND AUTHORIZING THE TREASURER TO DELEGATE TO THE ASSISTANT DIRECTOR OF FINANCE THE DUTY OF CARRYING OUT ANY SUCH TASKS. MOTION/Adopted A motion was made by Mayor Pro Tem Cowan, seconded by Resolution 00-56 Council Member Somers, and carried 5-0, to adopt Resolution 00-56: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING AND ADOPTING THE GENERAL FUND OPERATING RESERVE FOR THE 2000-2001 FISCAL YEAR, IN ACCORDANCE WITH TITLE 2, CHAPTER V, ARTICLE .6, OF THE COSTA MESA MUNICIPAL CODE. Council Member Erickson mentioned that a recently adopted Council policy prescribed a 'percentage at which the general fund operating reserve would be retained, which was a dollar amount and a percentage of future budgets. He asked that the record be researched for this information. RECESS The Mayor declared a recess at 9:05 p.m., and reconvened the meeting at 9:15 p.m. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Property Mainte- place set for the public hearing to consider an ordinance nance amending Titles 8,' 1 1, and 113, and adding Title 20 to the Costa Mesa Municipal Code regarding property maintenance; and policy direction on additional Code Enforcement regulations. The Affidavit of Publication is on file in the City Clerk's. office. No communications were received. The Development Services Director summarized the Agenda Report dated June 12, 2000. The Associate Planner and Chief of Code Enforcement responded to questions from Council. Diane LaDuca, 939 West 19" Street, No. B4, Costa Mesa, asked if the ordinance covered existing dumpsters which are visible from the street. The Associate Planner responded that trash bins are included on Page 12 of the Agenda Report, Article 2 of the new Title 20, Property Maintenance Standards, Section 20-7(j). Ms. LaDuca asked if homes that demonstrated significant neglect are covered by the code. Mayor Monahan replied that the new code is the best and most forceful attempt to remedy property maintenance problems. Ms. LaDuca observed that there is filth on :the curbs and in the alleyways of West 19th Street,' -and suggested amending the ordinance to take litter into consideration.:_ The Associate Planner replied that litter is considered on !Page 8 of the Agenda Report, Section 20-4, Prohibited Conduct. Eleanor Egan, 189.3; Parkview Circle, Costa Mesa, supported the ordinance. Tom Schworer, 1816 Kinglet Court, Costa Mesa, supported the ordinance, and complimented the Chief of Code Enforcement. Robin Leffler, 3025 Samoa Place, Costa Mesa, expressed her appreciation for the new code, and asked about parking recreational vehicles on the street. She reported that several vehicles are permanently parked in her neighborhood. Regarding Article 5, Abatement Procedures, Section 20-13, Abatement Authorized, Item (b) Weed and Rubbish Abatement, Ms. Leffler noted that it is important to ensure that the wording does not prohibit a native landscape. There being no other speakers, the Mayor closed the public hearing. MOTION/Ordinance A motion was made by Mayor Pro Tem Cowan, seconded by 00-11 Given First Council Member Somers, and carried 5-0, to give first reading Reading to Ordinance 00-11, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLES 8, 11, AND 13, AND ADDING TITLE 20 TO THE COSTA MESA MUNICIPAL CODE REGARDING PROPERTY MAINTENANCE, modifying Table 20-6(c) on handwritten Page 11 of the Agenda Report by changing P' in the first column to P, and changing the two P's to P1's; modifying Page 19(d), Appeal, to read, "Any rehearing or judicial review of the City Council decision shall be according to the procedure set forth in Title 2, Chapter IX, APPEAL, REHEARING AND REVIEW PROCEDURE."; modifying Page 25, Subsection (g), Disposal, fourth line, after "article," delete, "or 15 days after such action of the governing body authorizing removal following appeal,"; and on Page '25, Subsection (h), Notice of Removal to Department of Motor Vehicles, third line, add "...to the department of motor vehicles within five days under Vehicle Code Section 22661, Subsection (a),". Second reading and adoption is scheduled for the meeting of July 3, 2000. Mayor Monahan commented that safety hazards are the primary concern in the code enforcement effort. Addressing the parkway demonstration program, Mayor Pro Tem Cowan stated that the City will be demonstrating a good -faith effort. MOTION/To Give A motion was made by Mayor Monahan, seconded by Mayor Directions to Pro Tem Cowan, directing staff to bring forward for further Staff Council discussion Item 1, Mandatory inspection of apartment buildings at time of sale; Item 3, Prohibit rooftop storage on apartment buildings; Item 4, Maximum time to remodel exterior of a home; and Item 5, Maximum motor home size parked on residential streets. Council Member Dixon supported the motion but thought that Item 2, Increase civil citation fines for multiple offenses, should be considered, noting that by increasing the fines, additional fuel is added to the fire which indicates that the City means business. She observed that -code enforcement officers need all the tools that the City can provide. SUBSTITUTE A substitute motion was made by Council Member Somers, MOTION/Gave seconded by Council Member. Dixon, and carried 4-1, Mayor Directions to Staff Monahan voting no, directing staff to proceed with further research and consideration of a draft ordinance on the above Items 1 through 5. The City Attorney reported that changes recommended for the civil citation program will be on the agenda for the meeting of July 3, 2000, as well as an increase in fines. MOTION/Gave A motion was made by Mayor Monahan, seconded by Council Directions to Staff Member , Erickson, and carried 5-0, to conduct a mailing to every property owner/occupant in the City regarding the new "Property Maintenance Ordinance"; and to institute a 60 -day waiting/grace period so the public will be fully informed. Council Member Somers suggested that regarding Item 1, the information could be added to the City website, an educational video could be prepared, and,the information could be included in the City's recreation bulletin. Mayor Monahan added that the press may also be helpful: Council Member Dixon emphasized her interest in assuring that all property owners are notified. The Development Services Director indicated that the City Manager had at one point discussed hiring a public relations firm to handle the publicM information issue. : Council ember Erickson stated that he hoped that the City did not need a public relations firm or a spokesperson, stating that City staff could handle the matter. The Development Services Director addressed Item 3 concerning violation's by repeat offenders, stating that recently the violation notice, provisions have not been invoked in the Coolidge Avenue/Fillmore Way area. He stated that those property owners have previously been fully informed of the rules for trash, debris, and housing conditions, and the courtesy of violation notices lis not extended to these owners at this time. He asked if it is. at staff's discretion to make this type of determination, and to suspend going through the violation notice process for these types of violators. Mayor Pro Tem Cowan opined that the City should not be acting as property 'managers and the role of the City is to promote compliance, particularly for the benefit of the neighborhood. She disagreed with continually issuing violation notices, warnings, etc., noting at some point staff should make the determination that a citation should be issued. The City Manager reported that there is a prevailing attitude with many property owners that it is th6 City's responsibility to telephone the warning of a violation, and then allow time for correction. MOTION/Gave A motion was made by Mayor Pro Tern Cowan, seconded by Directions to Staff Mayor Monahan, and carried; 5-0, directing staff to use their professional judgment whether to issue violation notices and notices of noncompliance versus issuing citations, when support for a hearing has been reached, and directing staff not to act as property managers for property owners. Mayor Monahan emphasized that the new property maintenance ordinance has "teeth", and indicated that many of the issues will not be understood by property owners. He supported the motion but felt that the noticing procedure was important. OLD BUSINESS The Deputy City Cleric presented from the meeting of June 5, Rezone Petition 2000, second reading and' adoption of Ordinance 00-9, R-00-01 approving the prezohing of property addressed as 2087 Garden Lane to R2 -MD by adoption of Rezone Petition R-00-01. U7 MOTION/Adopted On motion .by Council Member Erickson, seconded by Council Ordinance 00-9 Member Dixon, and carried 5-0, Ordinance 00-9 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE PREZONING OF PROPERTY ADDRESSED AS 2087 GARDEN LANE (ASSESSOR PARCEL NO. 426-221-34) TO R2 -MD BY ADOPTION OF REZONE PETITION R-00-01. OLD BUSINESS The Deputy City Clerk presented the Fairview Park Capital Fairview Park Improvement Update and Project Prioritization: Capital Improvement Update and Project Staff recommendation: Prioritization of the projects as listed Prioritization on Pages 2 and 3 of the Agenda Report, and redirection of unspent funds in the Canary Drive/Fairview Park Entrance project account to these highest priority projects. Parks, Recreation Facilities, and 'Parkways Commission recommendation: That Dr. Vandersloot's request for $5,000.00 be approved for the restoration of one acre of Fairview Park. The Public Services Director reviewed the Agenda Report dated June 7, 2000, and responded to questions from Council. Robert Graham, 3260 Dakota Avenue, Costa Mesa, provided a photograph of a multi -use trail at Big Bear Lake. He suggested that a trail would allow better use of Fairview Park. He indicated that a hard surface for the trail is important, especially for persons who rollerblade and for baby strollers.. The Public Services Director indicated that the Fairview Park Committee made a recommendation' on the trails to the Parks, Recreation Facilities and Parkways Commission which will be presented at an upcoming Planning Commission meeting, and ultimately will be heard by Council. Alan Remington, 1164 Boise Way, Costa Mesa, referred to a public poll which had overwhelmingly reflected that residents wanted Fairview Park to be a.wilderness park. He maintained that a wilderness park is not a City park, with its walkways and benches. He opposed constructing a bridge over Placentia Avenue, noting that persons who visit the model railroad are not the same people who visit a wilderness park, and commended Dr. Vandersloot's efforts. ' Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, thanked Council for the restroom in Fairview Park. She commented that the monies budgeted for design and restoration of the habitat at Fairview Park is higher than that which the County of Orange is spending on the: State Natural Communities Conservation Program (NCCP). She supported funding Dr. Vandersloot's request, commented that the bridge across the drainage ditch from Canary Drive could be improved, and opposed paving the paths with asphalt, noting that paved paths tend to collect more trash. Janet Remington, 1164 Boise Way, Costa Mesa, referring to Page 23 of the Agenda Report, objected to City participation in the NCCP. The Public Services Director confirmed that joining the NCCP is not a consideration at this time. Mrs. Remington opposed a concrete trail in Fairview Park. The Public Services Director reported that the .only design plans at this point are related to the Huscroft House. Mayor Monahan asked that persons who had spoken this evening be noticed for the Planning Commission meeting relating to Fairview Park. MOTION/Gave A motion was made by Mayor Pro Tem Cowan, seconded by Directions to Staff Mayor Monahan, and carried 5-0, to approve the $5,000.00 request from Dr. Vandersloot for the restoration of one acre of Fairview Park, to be appropriated from the current funding that is remaining .from the bid process but still leaving money for contingency; approve allocation of $125,000.00 for relocation of the Huscroft House to the east side of the park; with the remaining unallocated monies held until design of the trail has been resolved. The Public Services Director responded to questions from Council Member Somers :by stating that handicap access will be required for all features; at the park. Council Member Somers asked that staff investigate the possibility of a pathway or a series of pathways that, addresses most of the concerns expressed this evening, suggesting a dual -use pathway. Mayor Pro Tem Cowan clarified that decomposed granite meets the Americans with Disabilities requirements. NEW BUSINESS The Deputy City Clerk presented a request from American AYSO Request Youth Soccer Organization (AYSO) Region 120 to install a plaque on. the concession building at the Costa Mesa Farm Sports Complex and also approve a size and verbiage variance from Council Policy No. 800-4. MOTION/Approved On, motion by Council Member Somers, seconded by Mayor Request Monahan, and carried 5-0, the request was approved. NEW BUSINESS' The Deputy City Clerk presented a General Plan Amendment Request for GPA Screening Request from Shaheen Sadeghi, 3195-A Airport Screening for Loop, Costa Mesa, � for "The Camp" project at 2937 Bristol "The Camp" Street and 725 Baker Street. The Development Services Director reviewed the Agenda. Report dated June 12, 2000. MOTION/Accepted On motion by Council Member Somers, seconded by Mayor Pro for Processing Tem Cowan, and carried 5-0, the screening request was accepted for processing. Council Member Dixon asked that Mr. Sadeghi submit a project concurrent with the General Plan Amendment. CITY MANAGER'S The City Manager thanked Council for their compliments REPORT regarding the budget, and stated that he would relay those Budget words of appreciation to the staff members who had worked very hard on the bu.dget. COUNCIL Council Member Somers reported that the City's mobile COMMENTS recreation van was on display; in front of City Hall this evening, Mobile Recreation and encouraged parents to allow their children to be Van entertained when the van is in their neighborhood. Council Member Erickson acknowledged his 20 -year wedding anniversary, and stated that during a majority of those years he had been involved , with the City, either on the Planning Commission or Council. F_j 1 1 ADJOURNMENT The Mayor declared the meeting adjourned at 10:45 p.m. Ma or of fhe City of Costa Mesa ATTEST: Deputy City lerk of the City of Costa Mesa 1 1